The waterproofing is to the external wall of the property – leaking in to the space between the external wall and my wall. Is this still my responsibility?
In VIC it depends:
- If the external wall is shown as a lot boundary on the Plan of Subdivision,
- What’s on the other side of the external wall,
- On the notation on the Plan of Subdivision (eg interior or exterior face) and
- How (where) any original waterproofing was installed.
In VIC, indoor leaking from a common property wall, floor or ceiling separating a lot’s inside from a lot’s outside balcony, terrace or courtyard is likely to be a lot owner responsibility. Indoor leaking from a common property wall, floor or ceiling separating a lot’s inside from common property outside is likely to be an OC responsibility.
But it can depend on the answers to the 4 points above.